Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Fiji (Ratification: 1998)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1, 2, 4 and 5 of the Convention. Action to protect and develop the rights of indigenous peoples. Indigenous institutions. The Committee notes the information provided by the Government on the protection of the rights of the Rotuman people through the adoption of specific laws such as the Rotuman Act (Chapter 122) and the Rotuman Lands Act (Chapter 122). The Government indicates that the Rotuma Bill, 2015, has been tabled in Parliament. The Committee observes that the Bill establishes the Forum of the Rotuman People, the Rotuman Development Fund and the Council of Rotuma which, among its functions, shall consider matters that affect or are likely to affect Rotuman customs, traditional processes of resolving disputes within the Rotuman community and general matters relating to the roles of traditional leaders. The Committee requests the Government to provide information on the adoption of the Rotuma Bill, indicating the manner in which the consultation and participation of Rotumans have been ensured during this process. Please also provide information on the activities carried out by the institutions referred to above as they relate to the application of these Articles of the Convention.

In its previous comments, the Committee noted that the Ministry of iTaukei Affairs (MTA) is responsible for developing, implementing and monitoring policies and programmes for the good governance and well-being of the iTaukei people. It provides a link to other iTaukei institutions, including the iTaukei Affairs Board, which directly manages the administration and affairs of the 14 provincial offices. The Committee notes the information provided on the various policies and programmes adopted by the iTaukei Affairs Board. The Committee requests the Government to continue to provide information on the activities carried out by these bodies, which are relevant to the application of the Convention. Please also provide copies of any reports issued, and in particular a copy of the annual report of the Ministry of Itaukei Affairs (MTA) that is submitted to Parliament.

Articles 6 and 7. Consultation and participation. The Committee previously requested information on how indigenous peoples are consulted when consideration is being given to legislative or administrative measures which may affect them directly. The Committee notes the information provided by the Government on the manner in which the iTaukei Landowners Trust Board (TLTB) consults landowners in relation to any dealings relating to iTaukei lands, including their leasing. The Government also indicates that, “as communities could be a barrier to development”, the TLTB endorsed the elaboration of a Concept paper on free, prior and informed consent. This would allow iTaukei communities to be better informed and participate in decisions with a view to obtaining their consent prior to the commencement of development projects. The Government indicates that the Ministry is in the process of developing a framework to accommodate this process. The Committee requests the Government to supply detailed information on the progress made on the adoption of the Concept paper on free, prior and informed consent, and to provide information on the consultations held with indigenous peoples, both iTaukei and Rotumans, with a view to the preparation of the Concept Paper and its further implementation. Please provide information on the manner in which the Concept paper will help to ensure better consultation and effective participation of indigenous peoples in measures which may affect them directly. The Committee also requests the Government to provide examples of instances in which indigenous peoples have been consulted and have participated in the formulation, implementation and evaluation of national and regional development plans and programmes that may affect them directly.

Articles 8 and 9. Customary laws. With reference to its previous comments, the Committee notes the information provided by the Government on the processes used to resolve disputes relating to land ownership, fishing rights and the positions of customary chiefs. It notes in particular that the rulings of the iTaukei Lands and Fisheries Commission (TLFC) and the iTaukei Lands Appeals Tribunal (TLAT), established under the iTaukei Lands Act, are guided by the customary registers maintained by the TLFC. Furthermore, for the purposes of any inquiry, the TLFC has the power to summon and examine under oath any person who may be able to give relevant evidence. The Government adds that an informal process has now been included in dispute resolution, whereby communities involved in the dispute meet and discuss the issues or concerns. This informal process alleviates the strain on the communities and allows all options to be exhausted before the formal processes commence.

Articles 14 and 17. Land and natural resources. In its previous comments, the Committee noted that the Constitution recognized the iTaukei ownership of iTaukei lands and the Rotuman ownership of Rotuman lands. Pursuant to section 28, those lands shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State. Section 30 further establishes that landowners are entitled to receive a fair share of the royalties resulting from the extraction of sub-surface resources pertaining to their lands. The Committee also noted that the iTaukei Lands Commission is responsible for the duty of ascertaining what lands in each province of Fiji are the rightful and hereditary property of native owners. Indigenous lands remain the property of the landowning unit unless sold back to the State and then solely for public purpose. They are however available for public use by lease agreement. The committee noted in this regard that the iTaukei Landowners Trust Board (TLTB) had been established to control and administer iTaukei lands on behalf and for their owners by way of leases and licences.

The Government indicates in its report that, for any dealings involving indigenous (iTaukei) land, whether it is reserved land or outside reserved land, the TLTB is obligated to ensure that the respective landowners are consulted and that majority consent is obtained. Furthermore, the TLTB has offices nationwide to enable easy liaison with the iTaukei regarding various issues, including the leasing of lands. In accordance with the iTaukei Land Trust Act (Chapter 134) (TLTA) and the Agricultural Landlord and Tenant Act (Chapter 270), the TLTB shall act with due diligence in the best interests of the landowners. The TLTB, as trustees of the landowners, ensures that indigenous landowners receive fair market value for their land and resources. Landowners are also consulted through provincial, tikina and village councils under the iTaukei Affairs Act. With regard to Rotuma lands, the Government indicates that the Rotuma Lands Commission is responsible for ascertaining the Rotuma lands that are the rightful property of Rotuman owners, under the different forms of Rotuman customary land tenure; lands that are not owned; and lands that are leased; as well as to decide on all disputes in this regard.

The Committee requests the Government to provide information on the disputes pending before the Rotuma Lands Commission, the iTaukei Lands and Fisheries Commission and the iTaukei Lands Appeals Tribunal concerning the determination, registration and ownership of iTaukeli and Rotuma lands. It also requests the Government to provide information on the measures taken for the involvement and participation of indigenous peoples in the policy developed by the TLTB in relation to the management of lands, including the exploitation of subsurface resources pertaining to their land, and any disputes in this regard.

Article 22. Vocational training. The Committee notes the Government’s indication that the Centre for Appropriate Training and Development (CATD) has continuously revised the training programmes to meet training needs by offering both long-term and short-term training programmes, and the provision of on-site rural training. The Committee requests the Government to provide specific information on the manner in which indigenous peoples participate in the organization and operation of the vocational training programmes developed by the CATD.

Articles 26 and 27. Education. The Committee notes the information provided by the Government on the Tertiary Scholarship and Loans Scheme, which is intended to create a pool of graduates who can meet the human resource needs of Fiji at the least possible cost to taxpayers. The Government adds that all Fijians can access scholarships for tertiary education. This ensures that no Fijians are left behind should they not be able to afford the high cost of tertiary education. The Committee requests the Government to provide information on how indigenous peoples have been involved in the implementation of the Tertiary Scholarship and Loans Scheme as well as on the manner in which the Scheme has contributed to improving the access of both men and women indigenous persons to tertiary education.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1. Recognition of indigenous peoples. The Committee noted in its 2013 direct request the concerns expressed by the Fiji Islands Council of Trade Unions (FICTU) that the use of the term iTaukei to refer to the indigenous Fijians in national legislation was not supported by indigenous peoples. The Committee requests the Government to provide more clarification on the meaning and use of the term “iTaukei”. While cognizant of the fact that the Constitution of Fiji, in force since 2013, recognizes both the iTaukei and the Rotuman as indigenous peoples, the Committee invites the Government to indicate the groups of the national population which, in the Government’s view, fall within the scope of the Convention. Please further indicate if the norms, policies and programmes designed for the iTaukei also include the Rotuman and other groups covered by the Convention.

Articles 2, 4 and 5. Action to protect and develop the rights of indigenous peoples. Indigenous institutions. In reply to the observations made by the FICTU, the Government indicates that the Great Council of Chiefs was established as an advisory body of the Government on issues affecting indigenous Fijians; however, its activities were suspended because it became politicized over time. It further indicates that the functions of the Council, abrogated in 2012, were transferred to the iTaukei Affairs Board and the Minister of iTaukei Affairs, and that the linkages among iTaukei institutions, including the Minister of iTaukei Affairs, the iTaukei Affairs Board and the iTaukei Lands Commission, are to be strengthened. The Committee further notes that, according to the Government’s report, an informal forum known as the “Bose Ni Taruga” (BNT) composed of Chiefs from the 248 Vanua still exists. The Committee requests the Government to provide information on the policies and programmes adopted by the iTaukei Affairs Boards and the Minister of iTaukei Affairs with the participation of indigenous peoples (Article 2). Please specify if such policies and programmes also include the Rotuman and other peoples covered by the Convention. Please also indicate any special measures which have been implemented, on the basis of the 2013 Constitution, to safeguard the institutions, property, labour, cultures and environment of indigenous peoples (Articles 4 and 5).

Articles 8 and 9. Customary laws. The Government reiterates that the courts have been reluctant to recognize customary laws in the resolution of conflicts. It also indicates that alternative dispute resolution mechanisms continue being used in land-related disputes. The Committee refers to its direct request of 2013 and requests the Government to provide information on the efforts made to ensure the application of Articles 8 to 10 of the Convention. Please include examples of cases in which indigenous alternative dispute resolution mechanisms have been applied.

Articles 14 and 17. Land. The Committee notes that the Preamble of the 2013 Constitution recognizes the iTaukei’s ownership of iTaukei lands and the Rotuman’s ownership of Rotuman lands. It also notes that section 28 of the Constitution establishes that those lands shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State. The Government indicates in its report that the Constitution ensures that iTaukei lands can no longer be converted and sold as freehold lands. The Committee requests the Government to provide further information on the lands owned by the Rotuman, including their location, registration and administration. It also invites the Government to indicate how indigenous peoples are consulted when consideration is given to their capacity to alienate their lands to the State.

Article 22. Vocational training. The Government indicates that the Centre for Appropriate Training and Development (CATD) is assisting in the implementation of vocational training programmes targeting rural workers. Such programmes focus on the development of technical and entrepreneurial skills, including resource management and business planning, in order to facilitate community development. The Committee refers to its 2014 comments on the Employment Policy Convention, 1964 (No. 122), and invites the Government to include in its next report on Convention No. 169 information on the steps taken to enable indigenous peoples to participate in the organization and operation of vocational training programmes affecting them, taking into consideration their cultural conditions and practical needs, and to assume responsibility for such programmes, if they so decide.

Articles 26 and 27. Education. The Government refers to the iTaukei Affairs Scholarship Scheme aimed at redressing the educational gap between the iTaukei and Rotumans and other ethnic groups in the country and indicates that, since January 2014, this scholarship scheme has moved to the Tertiary Scholarship and Loans Board. It adds that the educational needs of the iTaukei are identified through the provincial councils. The Committee requests the Government to provide detailed information on the education programmes for the iTaukei and other groups covered by the Convention. Please indicate how such programmes are developed and implemented with the involvement of the peoples concerned.

[The Government is asked to reply in detail to the present comments in 2016.]

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the Government’s report which contains information in reply to the issues raised in its 2013 direct request. It also notes the communication of 1 September 2014 of the International Organisation of Employers (IOE) and the observations of the Fijian Teachers Association (FTA) received in October 2014. The Committee requests the Government to provide its comments with respect to the observations formulated by the IOE and the FTA and to consult with the social partners and the organizations of indigenous peoples when preparing the next report. In view of the reforms to the norms and institutions relating to indigenous peoples that have been introduced since 2007, the Committee requests the Government to provide information on the laws and regulations currently in force, giving effect to the provisions of the Convention.

Article 6 of the Convention. Consultation. In its previous comments, the Committee noted the concerns raised by the Fiji Islands Council of Trade Unions (FICTU) concerning the adoption of policies and laws affecting indigenous peoples without proper consultation of the peoples concerned. The Government indicates in its report that the iTaukei Land Trust Board (TLTB) made submissions on behalf of the landowners to the Constitutional Review Committee and to the Government in relation to issues affecting indigenous peoples. The Committee asks the Government to provide more precise information on the manner in which all indigenous peoples are consulted, through their representative institutions, when consideration is being given to legislative or administrative measures which may affect them directly.

Article 7. Participation. Development. The Government indicates that the TLTB established the Landowners Affairs Unit (LAU) in 2008 which is responsible for enabling participation of landowners in business and national economic development and providing advice on iTaukei land-related issues. The LAU also offers entrepreneurship training, financial literacy training and educational programmes on social and economic issues. The Committee asks the Government to provide examples of instances in which all indigenous peoples have participated in the formulation, implementation and evaluation of national and regional development plans and programmes that may affect them directly.

Article 15. Natural resources. The Committee notes that, according to section 30 of the 2013 Constitution, landowners are entitled to receive a fair share of the royalties resulting from the extraction of subsurface resources pertaining to their lands. It further notes that the Preamble of the Constitution recognizes both the iTaukei and the Rotuman as indigenous peoples and recognizes their ownership of iTaukei and Rotuman lands. The Government indicates that the TLTB is responsible for the management of iTaukei lands and funds. It adds that consultations with the landowners are carried out through the TLTB. The Committee asks the Government to provide examples of the actions taken by the TLTB to ensure that the rights of all indigenous peoples to the natural resources pertaining to their lands are safeguarded. Please also indicate the procedures that are in place to ensure the participation of all indigenous communities in the benefits arising from the exploitation of subsurface resources pertaining to their lands. Please specify if such actions and procedures include the Rotuman people and all other groups covered by the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the information provided by the Government in its report received in June 2013. It also notes the detailed observations and concerns raised by the Fiji Islands Council of Trade Unions (FICTU), dated 24 September 2013, on the application of the Convention in Fiji. The observations submitted are supported by various indigenous individuals, institutions and groups in Fiji, and several other groups. The FICTU describes policies that were implemented and laws that were adopted without proper consultation of indigenous peoples, such as a legislative amendment to remove and terminate the existence of the Great Council of Chiefs. The Committee invites the Government, when preparing its next report, to hold consultations with the social partners and indigenous organizations on the subjects referred to in the present direct request and to include information and documentation on the results achieved by the measures adopted to give effect to each of the provisions of the Convention. The Committee also invites the Government to include in its next report information in reply to the observations and concerns raised by the FICTU.

Article 2 of the Convention. Action to protect the rights of indigenous peoples. The Committee notes that the Fijian Affairs (Amendment) Decree 2010, No. 31 of 2010, amended all written laws and state documents by deleting the word “Fijian” wherever it appears and wherever it refers to indigenous Fijians, and replaced it with the term “iTaukei”. It notes that the term “iTaukei” has also been used to refer to the indigenous peoples in the Constitution adopted in September 2013. The Committee notes from the FICTU observations that this change was done against the general wish of the indigenous peoples. The Government indicates that the iTaukei Land Trust Board (TLTB), formerly known as the Native Land Trust Board (NLTB), has adopted a Strategic Corporate Plan (SCP) since 2009, which continues with the plan for 2013–15. Priority strategic measures are identified, including those that are to meet the growing expectations of the indigenous landowners’ communities throughout 14 Provinces under the iTaukei Administration System. The SCP is closely aligned to the Government’s vision, mission and goals in the People’s Charter for Change, Peace and Progress introduced in 2007. It is also linked to the Government’s annual budgetary measures, especially on capital and infrastructure developments. Furthermore, the Government indicates that programmes are in place but their effects, impact and implications need to be assessed and evaluated. Trust income for landowners has increased over the years and, in 2012, $51 million was collected and $49 million was distributed. The Government reports that a survey will need to be undertaken to assess the use and the impact of these funds in the communities in relation to the development status, education, welfare and the enhancement of living standards. The TLTB has therefore identified that there is a need for financial literacy programmes and awareness and education programmes for the iTaukei. The Government indicates that all the stakeholders need to coordinate and work collaboratively together to reach out to the targeted/marginalized groups in rural communities and villages. Keeping in mind the concerns raised by the FICTU, the Committee once again requests the Government to indicate in its next report how the adoption of a new Constitution in September 2013 will facilitate the development, with the participation of and in consultation with the indigenous peoples, of actions to protect the rights of these peoples and to guarantee respect for their integrity. It also invites the Government to provide information on the impact of the programmes adopted by the TLTB, including copies of its annual reports. Please indicate how the indigenous peoples have been associated in the development of these programmes.

Articles 6 and 7. Consultation and participation. The Government indicates that the TLTB has offices throughout the country to enable its officers to liaise with indigenous peoples regarding various issues they may have. These issues revolve around their lands being used by the Government and other stakeholders and lease monies from such stakeholders who continue to use their land. The SCP provides details on the priority areas that must be addressed and the deadlines that are to be met in those areas. Moreover, landowners are consulted through various means, including radio, television, special government programmes, TLTB Sunday programmes and the Ministry of iTaukei Affairs. The Government indicates that consultations take place through provincial, tikina and village councils under the iTaukei Affairs Act. The iTaukei Land Trust Act requires that landowners consent to leasing of iTaukei land and de-reservation of such and the TLTB carries out consultations with landowners via the means outlined above. The Committee recalls that the rights of indigenous peoples to be consulted and to participate in decision-making constitute the cornerstone of the Convention. Keeping in mind the concerns raised by the FICTU, the Committee invites the Government to provide updated information on how the participation of indigenous peoples is assured in the formulation, implementation and evaluation of plans and programmes for national or regional development which may affect them directly, such as the specific case of lands being used by the Government and other stakeholders and lease monies related to the use of the lands.

Articles 8 and 9. Customary law. The Government indicates that customary law is recognized in the sense that it is used by the courts as a mitigating factor only in the resolution of conflicts. It does not however have a direct effect on the outcome of any court decision per se. The other avenue where customary law is strictly followed or has precedence is in regard to the Veitarogi Vanua with respect to the Chiefly Titles of various places where confusion of family links may arise. The Government indicates that the Veitarogi Vanua is a process where the TLTB goes to villages where there may be conflict of title between family members. The Committee invites the Government to provide examples of court decisions where customary law was used as a mitigating factor. Please also include examples of the decisions taken by the TLTB to resolve land claims (Article 14).

Article 15. Natural resources. The Government indicates that more land is being made available for productive purposes. The TLTB is facilitating this through the work of the Committee for Better Utilization of Land (CBUL) with agricultural leases only. The TLTB emphasizes that productivity, sustainable land use management and compliance by tenants of the terms and conditions of their leases, including payments of land rents on time, are very important in sustaining a system for leasing iTaukei lands and other lands. The Government indicates that TLTB policy papers have been developed and policies agreed in different sectors, including mining, forestry, dairy, housing, tourism and foreign investment. The Government further indicates that the Mining Act and the Petroleum Act are two outdated pieces of legislation that need to be heavily and promptly reviewed to address present-day dilemmas. The TLTB has made submissions on this to the Government for its consideration. The Committee invites the Government to provide examples of how the TLTB safeguards the rights of indigenous peoples concerning the natural resources appertaining to Fiji. Please also provide in the next report a summary of the submissions made by the TLTB and specific examples of the manner in which indigenous peoples are consulted in the process to review the Mining Act, the Petroleum Act and other relevant regulations.

Article 22. Vocational training. The Government indicates that the high number of iTaukei young persons that graduate from the Centre for Appropriate Training and Development (CATD) has a direct impact on the livelihood and sustainable improvement of their village communities when they go out to find employment in the job market. It adds that this is clearly evident in households who solely rely on these young persons for providing for their families. The skills acquired by these young persons are then transferred to their younger siblings. The Committee invites the Government to include in its next report information on the impact on improving the standard of living of village communities of the activities performed by the specialized technical training programmes carried out by the CATD. Please also provide information regarding how the participation and cooperation of the communities concerned is ensured, as envisaged in Article 22(2) and (3) of the Convention.

Articles 26 and 27. Education. The Government indicates that since the inception of the iTaukei Affairs Scholarship Scheme in 1983 to the end of 2010, a total of 6,635 students have graduated, with 518 overseas and 6,117 local graduates. It further indicates that the implementation of the scholarship programme has encouraged the development of the iTaukei community and allowed the iTaukei students to compete with non-iTaukei students at the highest level of education. The management of the iTaukei scholarship will assist in the good governance and well-being of the iTaukei. The Committee invites the Government to provide in its next report information on the manner in which the indigenous peoples concerned have been involved in the formulation and implementation of education programmes. Please also include the data required by the report form on the numbers and kinds of schools, the number of teachers, the regions in which the schools operate, the number of pupils, etc.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Actions to protect and develop the rights of indigenous peoples. Following the 2008 and 2010 direct requests, the Government reiterates in a report received in May 2011 that “in spite of their numbers and the fact that they own 83 per cent of the land, indigenous people still feel alienated in the country of their birth”. In addition, the Government indicates that it is currently making “huge strides in heavily investing in rural capital projects to build the necessary infrastructure (roads, energy and rural electrification, water, sanitation, land utilization, SMEs, rural banking, landline and mobile phone services, etc.) to boost economic activities in villages and rural communities”. It mentions that the Native Land Trust Board (NLTB) adopted a Strategic Corporate Plan for 2011–14. New regulations were also adopted in 2010 to ensure the distribution of all monies received by the NLTB to the native landowners. The Committee recalls that Fiji has not had a Parliament since 2006. The Government restates its commitment to adopt a progressive and democratic Constitution by 2013 “and to hold, for the first time, a non-race based election in 2014, after which a Parliament will be constituted”. The Committee requests the Government to indicate in its next report how the adoption of a new constitutional framework will facilitate the development, with the participation of and in consultation with, the indigenous peoples, of actions to protect the right of these peoples and to guarantee respect for their integrity. It invites the Government to provide information on the outcome and effects of the new strategies adopted by the NLTB, including copies of its annual reports.

Articles 6 and 7. Consultation and participation. Please include in the report due in 2013 updated information on the operation of the procedures established to consult with indigenous peoples and to ensure their participation in decision-making on the matters covered by the Convention.

Articles 8 and 9. Customary law. The Government indicates that alternative dispute resolution mechanisms are being explored and used successfully in a number of land and title disputes. It further states that courts in the country have refused to recognize customary law in the resolution of conflicts. The Committee invites the Government to indicate in its next report areas covered by the Convention in which there is an interaction between customary law and written law in the country and how the judiciary has dealt with cases of such a nature, by providing copies of court decisions. Please also include examples of the decisions taken by the Native Land Trust Board to resolve land claims (Article 14). The Committee also invites the Government to specify what alternative dispute resolution mechanisms are in place and how they work.

Article 15. Natural resources. The Government indicates that the State retains the ownership of minerals or subsurface resources found in the land of indigenous peoples. Consultation is effected through the NLTB whose primary function is to safeguard the landowners’ interest. The Committee invites the Government to provide examples of how the NLTB safeguarded the indigenous peoples’ rights concerning the natural resources appertaining to Fiji, as provided by the Mining Act, the Petroleum Act and other relevant regulations.

Article 22. Vocational training. The Government refers again to the Centre for Appropriate Training and Development (CATD), which was established with the assistance of the German Heinsidel Foundation, with the objective of improving the living standards of village communities through the development of technical skills and services and the promotion of leadership qualities. The Committee invites the Government to include information on the impact on improving the standard of living of village communities of the activities performed by the nine specialized technical training programmes carried out by the CATD. Please also provide information regarding how the participation and cooperation of the communities concerned is ensured, as envisaged in Article 22, paragraphs 2 and 3, of the Convention.

Articles 26 and 27. Education. The Government refers to the functions of the Fijian Affairs Scholarship Scheme and of a special unit in the Ministry of Education that looks for the development of subjects relevant to the daily lives of the indigenous population. The Committee invites the Government to provide in its next report information on the impact of the activities undertaken on the formulation and implementation of education programmes in cooperation with indigenous peoples. Please include the data required by the report form on the numbers and kinds of schools, the number of teachers, the regions in which the schools operate, the number of pupils, etc.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report which indicates that, according to the 2007 census, the total population of Fiji is 827,900, out of which 473,983 are indigenous peoples. The Committee notes that the number of indigenous peoples has grown both in the rural and urban areas, although increase of this population group was more pronounced in the urban areas. The Committee also notes that the Fiji Island Bureau of Statistics projects that the proportion of indigenous Fijians of the population will continue to increase.

The Committee is aware that a process has been launched for the adoption of a Peoples’ Charter for Change, Peace and Progress, which aims at reforms in a broad range of areas, including the issue of making more land available for productive and social purposes and the reform of the local and provincial structure, as well as reviews of the government structures, including the Ministry of Indigenous Affairs. The Committee requests the Government to provide information on this process, including information on the consultation and participation of indigenous peoples, and its outcome and effects for the application of the various Articles of the Convention in Fiji (particularly those contained in Part II (lands).

The Committee notes that the information provided in the Government’s report in reply to the Committee’s previous comments is very general in nature. It therefore requests the Government to provide detailed information on the application of various Articles of the Convention, in law and in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report which indicates that, according to the 2007 census, the total population of Fiji is 827,900, out of which 473,983 are indigenous peoples. The Committee notes that the number of indigenous peoples has grown both in the rural and urban areas, although increase of this population group was more pronounced in the urban areas. The Committee also notes that the Fiji Island Bureau of Statistics projects that the proportion of indigenous Fijians of the population will continue to increase.

The Committee is aware that a process has been launched for the adoption of a Peoples’ Charter for Change, Peace and Progress, which aims at reforms in a broad range of areas, including the issue of making more land available for productive and social purposes and the reform of the local and provincial structure, as well as reviews of the government structures, including the Ministry of Indigenous Affairs. The Committee requests the Government to provide information on this process, including information on the consultation and participation of indigenous peoples, and its outcome and effects for the application of the various Articles of the Convention in Fiji (particularly those contained in Part II (lands).

The Committee notes that the information provided in the Government’s report in reply to the Committee’s previous comments is very general in nature. It therefore requests the Government to provide detailed information on the application of various Articles of the Convention, in law and in practice.

[The Government is asked to report in detail in 2010.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2 of the Convention. The Committee notes from the Government’s report that the Government has approved a 20-year (2001–20) development plan for the enhancement of the participation of indigenous Fijians and Rotumans in the socio-economic development of Fiji. The Government states that the plan is an attempt to address ethnic disparity by creating an enabling environment for indigenous Fijians in the socio-economic development of the nation. The Committee requests the Government to provide information on the implementation of the 20‑year development plan as it relates to the application of the various Articles of the Convention.

2. Articles 6 and 7. Consultation and participation. The Committees notes that the Fijian Affairs Act Cap. 122 provides for the establishment of a Great Council of Chiefs which is mandated to submit to the Governor-General recommendations and proposals that it may deem to be for the benefit of the Fijian people. The Act also provides for the establishment of the Fijian Affairs Board, which is an advisory body to the Minister of Fijian Affairs. The Committee also notes that a provincial council is established for each tikina (district) which may pass by-laws with respect to a number of matters, including roads, health, child welfare, village planning, water supply, education, promotion of agriculture, fisheries, forestry and stock rearing. Please provide information on the activities of these bodies relevant to the application of the Convention.

3. Articles 8 and 9. Customary law. The Committee notes that the Government has not yet replied to its previous comments regarding these provisions of the Convention. The Committee, therefore, requests the Government to indicate in its next report any legal provisions or court decisions regulating the acceptance of customary law, and to provide a description of the areas in which there is an interaction between customary law and written law in Fiji.

4. Article 22. Vocational training. The Committee notes that the Government established the Centre for Appropriate Training and Development (CATD) under the Ministry of Fijian Affairs with the objective of improving the living standards of the village communities through the development of technical skills and services and the promotion of leadership qualities. The Committee requests the Government to provide further information on the activities carried out by the CATD and on the progress made in improving the standard of living of village communities. Please also provide information regarding how the participation and cooperation of the communities concerned is ensured, as envisaged in Article 22, paragraphs 2 and 3, of the Convention.

5. Articles 26 and 27. Education. The Committee notes the objectives, policies, strategies and performance indicators set out in the 20-year development plan with a view to improving the situation of indigenous Fijians in respect of education. The Committee looks forward to continuing to receive information on the progress made in improving access of both male and female indigenous Fijians to education at all levels.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Articles 13–19 of the Convention. Land rights. In its previous observation, the Committee noted two communications from the Fiji Commercial Services Union (FCSU) under article 23 of the ILO Constitution. The FCSU comments related to the system of management of land owned by the indigenous Fijians under the Native Land Act stating, inter alia, that there were no grievance procedures for resolving the growing number of land claims or disputes on the use to which the Native Lands Trust Board puts native lands, except through the Native Lands Commission, which is said to have too great a vested interest to be able to adjudicate objectively.

2. In its previous observation, the Committee took note of the complex political, legal and social situation underlying the communication submitted by the FCSU and requested the Government to comment on the degree to which it considers it can apply the Convention to the management of issues between elements of the indigenous population of the country, and to state whether it considers that the present system for resolving disputes over land rights is adequate for the needs of the population. While the Government failed to address these issues directly in its report, it reiterates that the indigenous landowners who are registered under the provisions of the Native Land Act make up the group of the national population that falls within the provisions of the Convention. It also states that the Native Lands Commission is charged with the duty of ascertaining the rightful and hereditary properties of the native owners; and that disputes regarding land boundaries or the chiefly title of each mataquli (clan) or tikina (district) or province, if not settled otherwise, are to be referred to the Commission. The Committee recalls the Government’s obligation to ensure that the land rights of the indigenous population of the country are recognized and effectively protected, to ensure full enjoyment of these rights to the benefit of the communities concerned. It requests the Government to provide more detailed information on the activities of the Native Lands Commission, including any reports issued by the Commission. The Committee also asks the Government to indicate the procedures that are available to address grievances of indigenous landowners that relate to the management of their land, rather than to issues concerning title or boundaries.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is also addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. The Committee notes from the Government’s report that the Government has approved a 20-year (2001-20) development plan for the enhancement of the participation of indigenous Fijians and Rotumans in the socio-economic development of Fiji. The Government states that the plan is an attempt to address ethnic disparity by creating an enabling environment for indigenous Fijians in the socio-economic development of the nation. The Committee requests the Government to provide information on the implementation of the 20-year development plan as it relates to the application of the various Articles of the Convention.

2. Articles 6 and 7. Consultation and participation. The Committees notes that the Fijian Affairs Act Cap. 122 provides for the establishment of a Great Council of Chiefs which is mandated to submit to the Governor-General recommendations and proposals that it may deem to be for the benefit of the Fijian people. The Act also provides for the establishment of the Fijian Affairs Board, which is an advisory body to the Minister of Fijian Affairs. The Committee also notes that a provincial council is established for each tikina (district) which may pass by-laws with respect to a number of matters, including roads, health, child welfare, village planning, water supply, education, promotion of agriculture, fisheries, forestry and stock rearing. Please provide information on the activities of these bodies relevant to the application of the Convention.

3. Articles 8 and 9. Customary law. The Committee notes that the Government has not yet replied to its previous comments regarding these provisions of the Convention. The Committee, therefore, requests the Government to indicate in its next report any legal provisions or court decisions regulating the acceptance of customary law, and to provide a description of the areas in which there is an interaction between customary law and written law in Fiji.

4. Article 22. Vocational training. The Committee notes that the Government established the Centre for Appropriate Training and Development (CATD) under the Ministry of Fijian Affairs with the objective of improving the living standards of the village communities through the development of technical skills and services and the promotion of leadership qualities. The Committee requests the Government to provide further information on the activities carried out by the CATD and on the progress made in improving the standard of living of village communities. Please also provide information regarding how the participation and cooperation of the communities concerned is ensured, as envisaged in Article 22, paragraphs 2 and 3, of the Convention.

5. Articles 26 and 27. Education. The Committee notes the objectives, policies, strategies and performance indicators set out in the 20-year development plan with a view to improving the situation of indigenous Fijians in respect of education. The Committee looks forward to continuing to receive information on the progress made in improving access of both male and female indigenous Fijians to education at all levels.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 13-19 of the Convention. Land rights. In its previous observation, the Committee noted two communications from the Fiji Commercial Services Union (FCSU) under article 23 of the ILO Constitution. The FCSU comments related to the system of management of land owned by the indigenous Fijians under the Native Land Act stating, inter alia, that there were no grievance procedures for resolving the growing number of land claims or disputes on the use to which the Native Lands Trust Board puts native lands, except through the Native Lands Commission, which is said to have too great a vested interest to be able to adjudicate objectively.

2. In its previous observation, the Committee took note of the complex political, legal and social situation underlying the communication submitted by the FCSU and requested the Government to comment on the degree to which it considers it can apply the Convention to the management of issues between elements of the indigenous population of the country, and to state whether it considers that the present system for resolving disputes over land rights is adequate for the needs of the population. While the Government failed to address these issues directly in its report, it reiterates that the indigenous landowners who are registered under the provisions of the Native Land Act make up the group of the national population that falls within the provisions of the Convention. It also states that the Native Lands Commission is charged with the duty of ascertaining the rightful and hereditary properties of the native owners; and that disputes regarding land boundaries or the chiefly title of each mataquli (clan) or tikina (district) or province, if not settled otherwise, are to be referred to the Commission. The Committee recalls the Government’s obligation to ensure that the land rights of the indigenous population of the country are recognized and effectively protected, to ensure full enjoyment of these rights to the benefit of the communities concerned. It requests the Government to provide more detailed information on the activities of the Native Lands Commission, including any reports issued by the Commission. The Committee also asks the Government to indicate the procedures that are available to address grievances of indigenous landowners that relate to the management of their land, rather than to issues concerning title or boundaries.

The Committee is also addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the brief further indications provided by the Government in its report in reply to the previous request for additional information.

2. Articles 13-19 of the Convention. Land rights. The Committee has received two long communications from the Fiji Commercial Services Union (FCSU) under article 23 of the ILO Constitution which were transmitted to the Government in January and September 2004 respectively. The FCSU indicated that the first of them was supported by the Fiji Mineworkers’ Union and the Fiji Peacekeepers’ Association. The Government has provided no comments on these communications.

3. The FCSU has provided detailed information on the land rights of indigenous Fijians, which have complex historical roots. The FCSU’s description of the legal situation coincides with the information furnished by the Government, though there may be disagreement on the conclusions to be drawn. It may be summarized by saying that all "native lands" are held in common and not through individual ownership, and are held in trusteeship. The right to manage these lands has been entrusted since 1940 to the Native Lands Trust Board (NLTB), with any disputes to be resolved by the Native Lands Commission. The native lands are said to be comprised of many small parcels, but - as the Government also has indicated - 83 per cent of the land in the country is made up of these native lands that are managed together and form the majority of the land in the country.

4. In this regard, the Committee recalls the statement in the Government’s first report that "in spite of their numbers and the fact that they own 83 per cent of the land, indigenous people still feel alienated in the country of their birth", and that the "recent political crisis is the result of nationalistic elements of the indigenous population to assert their control over the country".

5. According to the FCSU, the lands are leased to others, mostly to the ethnic Indians in the country, and 20 per cent of the revenues go to the Native Lands Trust Board and 30 per cent are channelled to the chiefs of tribes, who together form the Great Council of Chiefs. Only 50 per cent are distributed to the grassroots members, resulting in uneven income distribution, especially as the rents charged for these lands are said to be extremely low compared with the real value of the land. Increasing urbanization in recent years has led to the estrangement of many "native" Fijians from their rural roots, and the civil unrest of 2000 is attributed to dissatisfaction with the chiefs’ continued domination of land rights and revenues. The accompanying ethnic tensions are ascribed in part to the perceived benefit the Indian population of the country has derived from leasing the native lands at unfairly low prices.

6. In this regard, the Committee notes the statement in the Government’s report in reply to its previous request for information that "the formation of the NLTB meant that through the influence and persuasive power of traditional authority, the indigenous Fijians agreed to give up direct control of their land … The NLTB would ensure that the indigenous Fijians had enough land for themselves and that the surplus was available to benefit the national economy".

7. The FCSU states that there is no grievance procedure for resolving the growing number of land claims or disputes on the use to which the NLTB puts native lands, except through the Native Lands Commission, which is said to have too great a vested interest to be able to adjudicate objectively. The FCSU therefore relies on Article 14, paragraph 3, of the Convention, which states that "Adequate procedures shall be established within the national legal system to resolve land claims by the peoples concerned."

8. The Committee takes note of the complex political, legal and social situation that underlies these communications. In the absence of comments from the Government directly on the FCSU communications, a number of questions remain about the situation, and the Convention’s applicability to it. The Committee therefore requests the Government to comment on the degree to which it considers it can apply the Convention to management of issues between elements of the indigenous population of the country, and to state whether it considers that the present system for resolving disputes over land rights is adequate to the needs of the population.

[The Government is requested to reply to these comments in detail in 2006.]

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s first report which contains very brief information on most of the Articles of the Convention. The legislation mentioned in the report was not forwarded, and the Committee hopes it will be forwarded in the next report together with the other information requested below.

2. The Committee also notes that some preliminary consultations have been held with the Office in this respect, and hopes that these will continue in the future.

3. In addition, the Committee notes that comments on the Convention’s application were received in November 2003 from the Fiji Commercial Cleaning Services Union, which have been sent to the Government for any observations it may wish to make.

4. As a general comment, the Committee notes the statement in the report that "in spite of their numbers and the fact that they own 83 per cent of the land, indigenous people still feel alienated in the country of their birth", and that the "recent political crisis is the result of nationalistic elements of the indigenous population to assert their control over the country". The Committee recalls that the overall purpose of the Convention is to put indigenous and tribal peoples on an equal footing with other members of the national community. It hopes the Government will provide information on its efforts to accomplish this end.

5. Article 1 of the Convention. The Committee notes that the Convention applies to about 400,000 indigenous peoples in the country.

6. Article 2. The Committee notes that on several occasions in the report, the Government indicates that the application of various provisions is assured by the Ministry of Fijian Affairs and the Native Land Trust Board. Please provide information in the next report on the structure and activities of these bodies relevant to the application of the Convention, including any reports they may have published on their activities in, for instance, the last two years.

7. Articles 6 and 7. The Committee notes that the Ministry of Fijian Affairs and the Native Land Trust Board facilitate the consultation process through established procedures, and execute the Government’s policies relative to the development process as concerns the indigenous peoples. Please indicate in what manner they do so.

8. Articles 8 and 9. The Government indicates that the customary law of the indigenous people, to a certain extent, facilitates the observance of fundamental rights, but that in penal matters the courts have lately been reluctant to recognize customary law in the resolution of conflicts. Please indicate any legal provisions or court decisions regulating the acceptance of customary law, and provide a description of the areas in which there is an interaction between customary law and written law in Fiji.

9. Articles 13 to 19. The Committee notes the very brief indications furnished in the report as to indigenous land rights, including that these peoples own about 83 per cent of the land. It notes that land is collectively owned and ownership is registered under the Native Lands Trust Act, and that land claims and exploitation of mineral or subsurface resources are dealt with through the Native Land Trust Board. The Committee requests the Government to provide additional information on the land-holding situation in its report, including on the question of whether land rights have played a role in the inter-ethnic tensions in the country in recent years.

10. Article 22. The Committee notes the statement in the report that the Government provides special vocational training programmes for the indigenous people and that these programmes are based on their economic environment, social and cultural conditions and practical needs. Please describe how these programmes are designed and executed, in consultation with the indigenous peoples, and of what they consist.

11. Articles 26 and 27. The Committee notes that special funds have been set aside for scholarships for higher education of the indigenous peoples, and that there is a unit in the Ministry of Education whose sole responsibility is to develop the education of indigenous people. The Committee looks forward to receiving more detailed information in this regard in the next report.

[The Government is asked to report in detail in 2004.]